287.230. Payment of compensation at death of employee--exceptions--abrogation of case law. - Missouri Statutes

Payment of compensation at death of employee--exceptions--abrogationof case law.

287.230. 1. The death of the injured employee shall not affect theliability of the employer to furnish compensation as in this chapterprovided, so far as the liability has accrued and become payable at thetime of the death, and any accrued and unpaid compensation due the employeeshall be paid to his dependents without administration, or if there are nodependents, to his personal representative or other persons entitledthereto, but the death shall be deemed to be the termination of thedisability.

2. Where an employee is entitled to compensation under this chapter,exclusive of compensation as provided for in section 287.200, for an injuryreceived and death ensues for any cause not resulting from the injury forwhich the employee was entitled to compensation, payments of the unpaidunaccrued compensation under section 287.190 and no other compensation forthe injury shall be paid to the surviving dependents at the time of death.

3. In applying the provisions of this chapter, it is the intent ofthe legislature to reject and abrogate the holding in Schoemehl v.Treasurer of the State of Missouri, 217 S.W.3d 900 (Mo. 2007), and allcases citing, interpreting, applying, or following this case.

(RSMo 1939 § 3708, A.L. 1965 p. 397, A.L. 2008 H.B. 1883)

Prior revision: 1929 § 3318

Effective 6-26-08

(2007) Right to compensation for the permanent total disability of an injured employee who has died from causes unrelated to the work-related injury survives to the dependants of the employee. Schoemehl v. State, 217 S.W.3d 900 (Mo.banc).

(2008) Interpretation of law decided while other cases are pending applies prospectively to all actions pending on and prospective to date on which opinion was issued. Strait v. Treasurer of Missouri, 257 S.W.3d 600 (Mo.banc).